Review on the Overprotection of TUE for Winning Rights and Interests of Athletes

Therapeutic Use Exemptions(TUE) is conducive to overcoming the rigorous and rigid accountability inherent in antidoping that may abuse the rights and interests of entering competition of athletes. That's why TUE survives. However, it's not legitimate due to the overprotection, which offers athletes the opportunities to win the games. On one hand, excessive protection of the winning rights and interests of athletes is very harmful in reality. In particular, the trend of easing the approval of TUE applications showing in the 2021 version of World Anti-Doping Code and International Standards for Therapeutic Use Exemptions which became valid simultaneously further exacerbates this situation. On the other hand, this rule causes absolute losses of the public interests of sports and the rights of other athletes, and violates fair competition and justice. Therefore, athletes with TUE should face restrictions on their winning rights and interests in order to improve the standards of TUE and to ensure that both public interests of sports and personal rights and interests of all athletes are safeguarded.